Legal Opinion

In re Pierson

Court of Appeals for the Second Circuit

Decided May 9, 1916No. Nos. 107-109, 114PublishedCited by 5 opinions

Appeals from and Petitions to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of J. Fred Pierson, Jr., and Ciarence E. Fell, individually and as copartners doing business as J. F. Pierson, Jr., & Co. Hela Van Thyn and others appeal from and petition'to revise an order (225 Fed. 889) determining the rights of various claimants in an omnibus proceeding to reclaim property in the hands of a receiver.

1Opinion of the Court

WARD, Circuit Judge.

[1] The parties thinking themselves aggrieved have, out of abundant caution, taken both an appeal and a petition to revise. The proper remedy is the petition to revise. In re Rose Shoe Manufacturing Co., 168 Fed. 39, 93 C. C. A. 461.

July 30, 1914, the New York Stock Exchange closed and did not reopen until December 12th. December 8, 1914, a petition in bankruptcy was filed against J. F. Pierson, Jr., & Co., stockbrokers, and a receiver appointed. The firm had borrowed of the banks upon securities belonging to the customers properly hypothecated, some of which, or their…

2Cases cited3 opinions

  1. Gorman v. LittlefieldSupreme Court of the United States · 1913
  2. In re Rose Shoe Mfg. Co.Court of Appeals for the Second Circuit · 1909
  3. In re HollinsCourt of Appeals for the Second Circuit · 1914

3Cited by5 opinions

  1. In re J. C. Wilson & Co.District Court, S.D. New York · 1917
  2. Ream v. McCreaCourt of Appeals for the Ninth Circuit · 1923
  3. In re Archer, Harvey & Co.District Court, D. Maryland · 1923
  4. In re Irving Whitehouse Co.District Court, E.D. Washington · 1923
  5. McKee v. HummelCourt of Appeals for the Seventh Circuit · 1927

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